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CIC Resolution 06-139COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. 0 6 -=13 9 AMENDING RESOLUTION NO. 98 -78 REGARDING COMMISSION BYLAWS ARTICLE II SECTION 12 REGARDING GENERAL COUNSEL DUTIES WHEREAS, the City Attorney of the City of Alameda acts General Counsel to the Community Improvement Commission; and WHEREAS, at a regular City Council meeting in September 2005, the City Council took action to empower the City Attorney to employ special legal counsel within certain budgetary parameters and also adopted a policy regarding hiring procedures for special legal counsel; and WHEREAS, the Community Improvement Commission desires to memorialize a procedure consistent with that of the City Council for the empowerment of the General Counsel, particularly with respect to the hiring of special legal counsel. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COIF MUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA that the bylaws of the Community Improvement Commission are hereby amended as follows: 1. The second paragraph of Article II ( "Officers "), Section 12 ( "General Counsel ") is amended to read: The General Counsel shall have the power and it shall be his /her duty to: 1 Employ special legal counsel unless any of the following occur: a) Estimated legal fees exceed $35,000, or b) Litigation involves policy questions, or c) Litigation has significant ramifications for the CIC, or d) If requested by the CIC If any of the above criteria is present, the General Counsel must seek Community Improvement Commission empowerment to employ special legal counsel as soon as practical. In the interim, special legal counsel retention is limited to the amount necessary to provide preliminary analysis and assistance. 2. Settle, compromise or discuss any litigation or claims in the amount of $15,000 or less; settlement proposals exceeding $15,000 must be approved by the Community Improvement Commission; 3. Comply with Community Improvement Commission Policy Regarding Procedures for Hiring of Special Legal Counsel. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a Special Joint Meeting of the City Council and the Community Improvement Commission held on the 7`" day of February, 2006, by the following vote to wit: AYES: Commissioners Daysog, deHaan, Gilmore, Matarrese, and Chair Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 8th day of February, 2006. B° y Johns Community It nt Commission Lara Weisiger, Secretary Community Improvemen ssion